Approved March 18, 2013 - St. Clair Shores, MI
Transcription
Approved March 18, 2013 - St. Clair Shores, MI
Approved March 18, 2013 MINUTES ST. CLAIR SHORES CITY COUNCIL MEETING February 19, 2013 Regular Meeting of the City Council, held in the Council Chambers, located at 27600 Jefferson Circle Dr., St. Clair Shores, Michigan. Present: Mayor Walby, Council Members Caron, Frederick, Rubino, Rusie, Tiseo, and Vitale Also Present: City Clerk Kotowski, Directors Rayes and D’Herde and City Attorney Ihrie 1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Walby called the meeting to order at 7:00 p.m. Ms. Kotowski, City Clerk, called roll with a quorum present. The pledge of allegiance was recited by those in attendance. Mayor Walby stated that Acting City Manager Smith is on vacation and will not be present this evening. 2. PROCLAMATIONS & PRESENTATIONS Ms. Cheryl Furdos, SCS Memorial Day Parade Committee member, spoke regarding the 2nd Annual Memorial Day Parade Logo Contest. All three school districts participated in the contest. Mayor Walby presented Olivia Brown, Lakeview High School student, with the following proclamation: Proclamation in Honor of 2013 St. Clair Shores Memorial Day Parade Logo Contest Winner OLIVIA BROWN WHEREAS, the St. Clair Shores Memorial Day Parade is a time-honored tradition that commemorates the sacrifices made by our men and women serving in the United States of America Armed Services; and WHEREAS, the St. Clair Shores Memorial Day Parade Committee held their second Logo Contest encouraging students from the three St. Clair Shores school districts to participate in the parade logo design; and WHEREAS, Olivia Brown, a Senior at Lakeview High School was selected by the Parade Committee as the second Logo Contest winner; and WHEREAS, the design was well executed by Olivia and offers a true example of the St. Clair Shores Memorial Day Parade Committee’s 2013 theme “A Time to Honor”; NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of St. Clair Shores, on behalf of all our residents and the St. Clair Shores Memorial Day Parade Committee, express their appreciation to Olivia Brown for her creative logo representation as the St. Clair Shores 61st Memorial Day Parade Logo Contest winner. Presented this 19th day of February, 2013 City Council Meeting February 19, 2013 Page 1 of 10 Approved March 18, 2013 Agenda Item 2 (cont’d) Ms. Furdos also spoke about how plans for the parade are progressing and that t-shirts are now available for purchase. This information is on their website or you can contact them at [email protected]. Mr. Dave Rubello said that the parade for this year is in really good shape, and they are expecting it to be better than last year. He mentioned some fundraising events in the works by Valhalla Recording Studios and Bubbles and Barks. May 3 is the St. Clair Shores Nautical Mile 1st Annual Pirates Ball to be held at Blossom Heath Inn at 6:00 p.m. They are still looking for One Hundred Dollar Club members. They will take smaller donations, but they are looking for 100 people to donate $100 toward the parade. Checks can be made payable to City of St. Clair Shores. 3. AUDIENCE PARTICIPATION ON AGENDA ITEMS (2 MINUTE TIME LIMIT) Chuck Hall, St. Clair Shores resident, spoke regarding Items #5, #6b and #6c. He sent emails regarding these items to Council this afternoon. We should carefully consider things such as why we would enter into a 10-year agreement for the response team involving terrorism, why is this a 10-year agreement and why does it state that no compensation shall be collected for any use of equipment. Regarding Items #6b and #6c bids for construction, rat abatement is missing from these. Nancy Chrzanowski, St. Clair Shores resident, spoke regarding Item #4. She would like Council to take into consideration the negative effect approval of this will have on the neighborhood. Removal of the wall will have a negative effect on pedestrian and vehicular traffic. Nikki Eatmon, St. Clair Shores resident, spoke regarding Item #4. She lives directly behind the business, and she has a concern about the noise because she has children. She already has an issue with the automotive company nearby. Gail McKenzie, St. Clair Shores resident, spoke regarding Item #4. This sounds like it is going to be a noisy establishment. It has been nice since the bar closed down. The wall is wonderful to keep the noise down, but there is a proposal to take down the wall. She is also concerned about the rat problem. She has not seen any rats and is concerned about the Buffalo Wild Wings trash attracting rats. Donald McKenzie, St. Clair Shores resident, spoke regarding Item #4. He welcomes Buffalo Wild Wings and their business into our area. He hopes that they will keep the wall and put round posts up within that parking lot to support the wall and to prevent people from driving through it. 4. REQUEST FOR APPROVAL OF A NEW CLASS C LICENSE WITH DANCE AND ENTERTAINMENT PERMITS FOR WINGS TWENTY THREE, INC. (BUFFALO WILD WINGS), 23117 HARPER AVENUE, ST. CLAIR SHORES, MACOMB COUNTY MICHIGAN The City of St. Clair Shores has been allocated 40 on-premise licenses, of which 35 have been issued. Currently there are 5 on-premise licenses available from the Michigan Liquor Control Commission for use in St. Clair Shores. City Council approval will allow the petitioner to proceed with the LCC approval process while the building construction occurs simultaneously to be able to open in a timely fashion. Mr. Brian Carmody, Chief Operating Officer of Buffalo Wild Wings, stated that he is looking for approval this evening for their liquor license. Mr. Ihrie stated that some rules have been changed for liquor licensing, however, the rule for new Class C licenses has not changed. The local governing body does have authority to recommend or not recommend issuance by the State. All of their information has been given to Council, and now their approval is required before the Michigan Liquor Control moves ahead. We cannot put conditions on this approval. Mayor Walby asked Mr. Rayes about the noise concerns these residents have. Mr. Rayes said that Buffalo Wild Wings has proposed putting in rolling down doors which will be closed at the appropriate time to keep the noise down. The rolling door is on one side and partially on two sides. Mayor Walby asked about the decibel level for noise. Mr. Rayes said that the establishment will have to respect the ordinance on noise levels. Mr. Carmody stated that they want to be good neighbors. He introduced Mr. Caleb Ward, Regional Manager. They are local to this area. They do not want to upset their neighbors. The wall has become a very big topic, and they Agenda Item 4 (cont’d) City Council Meeting February 19, 2013 Page 2 of 10 Approved March 18, 2013 are willing to do whatever the City and the residents want them to do regarding the wall. They were not prepared to discuss options at this meeting. They understand people in that area are concerned, and they are willing to set up another meeting. Mayor Walby said that issues have been brought up that we are going to need to discuss, and we should be able to come up with a resolution. He is glad to hear that Mr. Carmody and Mr. Ward want to work with us. We will hope to hear back from Mr. Rayes by March 4 regarding a resolution to these concerns. Mr. Carmody explained that the patio will have a three foot knee wall with roll up doors. It will be a four season patio which can be enclosed in the winter and to host private functions. They would like to be involved with Memorial Day parade fundraisers. Mr. Tiseo asked if the patio would be used like a smoking area. Mr. Carmody said that smoking is not allowed inside the building or patio. It is permitted outside, but there is no designated area. Mr. Tiseo was concerned that people will walk out toward the houses. Mr. Carmody stated that they could manage that internally. There is no spot inside or outside designated for smoking. Mr. Vitale said that he had raised some concerns with the wall. It looks like we will need to come to a resolution about that, but he does not see any other problems. This could be a win-win deal. He welcomed Buffalo Wild Wings to our community and moved to approve the request. Mr. Caron mentioned that below 14 Mile we are the only community with liquor licenses left. That may help attract other businesses in the future to our area, and he welcomed Buffalo Wild Wings. Mr. Frederick welcomed Buffalo Wild Wings to St. Clair Shores. We are going to hold them to “being a good neighbor”. We have to be careful about people smoking behind the building by homes. Mr. Carmody said that Livonia has similar issues, and they were able to work out everything. They are local, and they do not want to upset their neighbors. They have a good record, and they are extremely excited to be in St. Clair Shores. They will be a good neighbor. Ms. Rusie stated that this will decrease the number of licenses we have available by one. Our current ordinance allows issuance of licenses to businesses with not less than 150 seats. We may want to look at amending the ordinance to keep some available for smaller restaurants. Mayor Walby explained that the four remaining licenses are for large establishments. Motion by Vitale, seconded by Rubino that the application from Wings Twenty Three, Inc. for a Class C License, Dance and Entertainment Permits to be located at 23117 Harper Ave., St. Clair Shores MI 48080, be considered for approval and that it is the consensus of the legislative body that this application be recommended for issuance subject to final inspections. Ayes: All – 7 Mayor Walby instructed the residents with complaints to give their name and address to the City Clerk so that Mr. Rayes and Ms. Koto could invite them to a meeting to work with Buffalo Wild Wings to come up with a resolution to be presented at the March 4 Council Meeting. 5. ADOPTION OF PROPOSED RESOLUTION AUTHORIZING INTERGOVERNMENTAL SOUTH MACOMB ANTI-TERRORIST RESPONSE TEAM MUTUAL AID AGREEMENT The City of St. Clair Shores would join with the cities of Center Line, Clinton Township, Eastpointe, Roseville, Sterling Heights, and Warren in the establishment of the Metro Macomb SWAT, a regional anti-terrorist group designed to operate independently or collaborate with each other in the event of public crisis situations. The establishment of this team would enable St. Clair Shores to operate its independent team to serve our city, as well as be a part of the larger group, making it eligible for grant money for specialized equipment that would be shared with other group members. City Council Meeting February 19, 2013 Page 3 of 10 Approved March 18, 2013 Agenda Item 5 (cont’d) Lt. Lambert, St. Clair Shores Police Department Emergency Response Team Commander, and Lt. Allen, Assistant Team Commander were present. Lt. Lambert explained that being part of this team will expand our capabilities. We have 16 members on our team, and if there is a situation that goes on for a long time, especially in extreme weather conditions, we could call in other teams to give our staff relief. This would give us the resources of other large cities that have equipment we do not have as well as additional manpower. Mayor Walby asked why this is a 10-year agreement. Lt. Lambert said that they needed a timeframe for this agreement. They talked about the number of years as a board and thought it would be a good period of time. Also, each City can opt out at any time with or without cause. If we are being used in a disproportionate amount, we can opt out of the agreement. Mr. Ihrie said it was just an arbitrary number. To ensure some level of continuity they thought this was a good term. We can opt out for no reason with a 30-day notice. Ms. Rusie asked if the governing boards of other cities have approved this already. Lt. Lambert said that Warren and Eastpointe have approved this. Sterling Heights has agreed verbally. The remaining cities are working on it. There are provisions in the agreement for other cities to join. They must have their own team to join. Ms. Rusie asked if the membership would be determined by the board. Lt. Lambert stated that it would. Ms. Rusie asked if we respond to an incident can we pull out without responsibility. circumstances change? Is there flexibility if Lt. Lambert said that if we need our team in our City, we can pull out of an incident in another participating city. This is provided for in the agreement. Ms. Rusie asked what equipment we would supply. Lt. Lambert said that we keep that information confidential; it is not for public knowledge for security purposes. Ms. Rusie asked if other cities have equipment that we can benefit from. Lt. Allen said that we have some equipment that other cities do not have, and other cities have equipment that we do not have. Ms. Rusie asked if it is normal to not be reimbursed. Lt. Lambert explained that the reason for that is so that agencies do not get abused by other agencies. It should even out. Ms. Rusie asked if we can cancel if we find we are being abused. Lt. Lambert said that this is provided for in the agreement. Mr. Caron stated that 16 members is 20 percent of our workforce. Do other cities use the same percentage? Lt. Lambert said that other cities have larger forces and their response team is larger. Mr. Caron questioned the section on subpoena of information. Mr. Ihrie explained that if a city is going to release information in response to a FOIA, they need to let all of the other cities know such disclosure is taking place. Mr. Rubino asked if this will work with the governor’s idea of cities working together. Mayor Walby said he will look into that. It seems like it would qualify. Mr. Frederick stated that there are so many outs in this agreement, even the last item on page 5 if someone breaches any part of protocol they can be kicked out. The time period is probably meaningless. This makes our police force stronger and saves us buying equipment we do not have. Motion by Frederick, seconded by Rusie for the Adoption of the Resolution authorizing the St. Clair Shores Police Department to enter into the Intergovernmental South Macomb Anti-Terrorist Response Team Mutual Aid Agreement and authorizing the Mayor and City Clerk to execute the agreement as follows: Agenda Item 5 (cont’d) City Council Meeting February 19, 2013 Page 4 of 10 Approved March 18, 2013 RESOLUTION APPROVING INTERGOVERNMENTAL SOUTH MACOMB ANTI-TERRORIST RESPONSE TEAM MUTUAL AID AGREEMENT The following resolution was offered by Council Member Frederick, and supported by Council Member Rusie. The St. Clair Shores Police Department maintains an Emergency Response Team (ERT), comprised of specialized personnel and equipment that respond to high-risk incidents and public crisis situations. In certain situations, reinforcement from another community’s ERT or Special Response Team (SRT) personnel and equipment is needed to strengthen police response to public safety crisis situations. The St. Clair Shores Police Chief recommends an inter-local agreement with other local law enforcement agencies to provide reciprocal ERT/SRT assistance to each other in high risk, public crisis situations. The attached South Macomb Intergovernmental Anti-Terrorist Response Mutual Aid Agreement (the Agreement) contains the terms for the regionalized ERT/SRT mutual aid effort among local law enforcement agencies. The Police Chief recommends approval of the Agreement, to benefit public safety through a regionalized ERT/SRT effort, and to create opportunities for the City to receive additional grant funding. THEREFORE, IT IS RESOLVED, that the Mayor and Clerk are authorized to execute the Intergovernmental South Macomb Anti-Terrorist Mutual Aid Agreement in such form that meets with the satisfaction of the City Attorney. Ayes: 6. All - 7 BIDS/CONTRACTS/PURCHASE ORDERS a. Approve the purchase of two copiers We have two copiers in City Hall that have exceeded their useful life. Konica Minolta Albin has the bid for copiers with the Association of Educational Purchasing Agencies “AEPA” that can be extended to the City. Konica Minolta Albin has been the copier vendor for the City for a number of years and currently services all copiers in the City. Ms. Kotowski explained that we are requesting two copiers to replace two existing copiers that have a total of over 3,000,000 copies between them. The cost of the two new copiers came in $6,400 under budget. We have bought from the AEPA bids. Motion by Rusie, seconded by Frederick to approve the purchase of two copiers one for $10,170 and one for $9,392 for a total of $19,562 under the AEPA bid pricing from Konica Minolta Albin. Ayes: b. All - 7 Award bid for Edgewater Water Main (Bids Opened 2/5/13) Mayor Walby explained that this is part of a bond we issued several months ago. Mr. Rayes said that there are three streets tonight and four at the next meeting. The first request is for Edgewater and Port. Port is two parts because of the amount we are doing may go over the amount available. This request should cover all phases. We will hold off until all bids are approved. There were nine bids, and the low bidder was within the engineer’s estimate for the project. It was bid through MITN. City Council Meeting February 19, 2013 Page 5 of 10 Approved March 18, 2013 Agenda Item 6 (cont’d) Mr. Vitale asked if there is going to be baiting for rodents. He knows this is a supply line and we do not have rodents in supply lines. Mr. Rayes said that we can put some bait out before starting these projects if there are burrows on the property nearby. Mr. Frederick asked if we have used C & P Construction before. Mr. Rayes said that they did another project for us and did a fabulous job. Mr. Caron noted there are seven different water main projects that were planned in the budget and wanted to know how we determined the priority of what needed to be replaced. Mr. Rayes explained that priority was determined by the Water Department using facts such as age and number of breaks. These projects were at the top of the list. Mr. Caron would like Mr. Smith to provide the methodology DPW is using to come up with their priority list. Mr. Rayes said that they have a map at DPW, and they put dots on all water main breaks. Mr. Caron asked to make that map part of the next package. Motion by Rubino, seconded by Frederick to approve a request to award bid for Edgewater/Port Water Main Project to C & P Construction Co., Inc., in the amount of $1,176,241.60 phase I and Phase II. Ayes: c. All - 7 Award bid for 11 Mile Water Main (Bids Opened 2/5/13) Mr. Rayes explained that this will go under the sidewalk on the north side of the road and will start as soon as the weather breaks. It will involve some minor patching, otherwise the road will not be disturbed. This was bid out on MITN. Mr. Frederick asked if we will notify the residents. Mr. Rayes said that everyone will be notified. The street will probably only go down to one lane of traffic. Mr. Vitale asked if this will include some street work. Mr. Rayes said it straddles the curb line. It will require some blacktop at the intersection, but not an entire lane. Residents have already been notified because the utility lines were moved from the north side to south side. We have some lighting issues to sort through. Motion by Rubino, seconded by Caron to approve a request to award bid for 11 Mile Water Main Replacement Project, to C & P Construction Co., Inc., in the amount of $558,016.45. Ayes: 7. All - 7 CONSENT AGENDA– All items listed on the consent agenda are considered to be routine and will be enacted by one motion and approved by a vote of City Council. There will be no separate discussion of the items unless the Mayor and or a Council Member so requests, in which event the item will be removed from the general order of business and considered under the last item of the Consent Agenda. Motion by Caron, seconded by Rubino to approve the Consent Agenda items a, b, c, d, e and f, which include the following: Bills Check Approval List $2,526,168.27 To approve the release of checks in the amount of $2,526,168.27, of the report that is 20 pages in length and of the grand total amount of $2,526,168.27; $0 went to other taxing authorities. City Council Meeting February 19, 2013 Page 6 of 10 Approved March 18, 2013 Agenda Item 7 (cont’d) Fees $ Ihrie & O’Brien Kirk, Huth & Lange c. Progress Payments – None d. Approval of Minutes - None e. Receive & File Boards, Commissions & Committee Minutes Minutes Meeting Date Cool City Committee Election Coordinating Committee Resources & Advisory Board Zoning Board of Appeals January 9, 2013 January 14, 2011 December 4, 2012 December 6, 2012 f. 17,790.72 152.25 Receive and deny claim of Donna Kardos vs. City of St. Clair Shores and refer to the City Attorney for response 8. UPDATES AND FOLLOW-UPS FROM COUNCIL MEETING Ethics Committee – They met February 7. They are working on some issues. They need two or three more meetings, and they will get the ordinance put together. Buffalo Wild Wings Wall – This will be addressed at the next Council meeting. Senior Center Bathrooms - Mr. Rayes said that they have installed all of the wall tile in both restrooms. They need to do the floor and ceiling. Mayor Walby said we have been in in touch with the residents who have been concerned about this. Hopefully, it will be wrapped up by the next Council meeting. Rodent Concerns – We are working on a system for residents to report these on the website. These will not be public. Issuance of Bonds for the Court Building - Those bonds will be sold on 2/26. Mr. Ihrie addressed whetherCouncil has the authority to issue those bonds. He refers issues involving bonding of the City to legal counsel for the City. This is not a new question, it is a question that our bond counsel has looked at and answered in the past. It is his opinion that the state statutory scheme and authority on bonding supersedes our City Charter. Bond counsel will come and address this issue if that is Council’s desire. Mayor Walby asked if it is within the Council’s authority to issues these bonds. Mr. Ihrie said yes it is within their authority. 9. COMMENTS BY INDIVIDUAL COUNCILPERSONS Council Member Rubino said a resident has been in contact with Mr. Smith regarding an issue with his neighbor pushing snow across the street into his driveway. Mr. Smith told the resident that it is illegal to put snow in street, but the Police were called and said it was not in the street anymore. He would like Mr. Smith to help clarify this situation. If something is burrowing near a house, and it seems like a large animal, does a homeowner call animal control for that? Mayor Walby said we will get back to him on that issue. Mr. Rubino said some of these A-frame signs that our businesses use look horrible and some look nice. Is there a way to make them more uniform or require certain styles? Mr. Rayes said that there is criteria that needs to be followed. He will take a look at the ordinance and email whether or not this can be addressed. City Council Meeting February 19, 2013 Page 7 of 10 Approved March 18, 2013 Agenda Item 9 (cont’d) Mr. Rubino talked about the youth council dodge ball game that many of them participated in. It was a fun time and the balls do not hurt. Council Member Tiseo said that the Parks and Recreation softball signup for adults is gearing up. Call (586) 4455350 for an application. The upcoming boat show is in the paper which is full of events going on in St. Clair Shores. He received an email from a resident regarding their water meter installation. It said that Rick from the St. Clair Shores Water Department was a delight. He did a quick, clean job. Council Member Frederick announced that we lost a member of the St. Clair Shores business community. Ted Gatzaros, owner of Fishbones, passed away. His family has been strong in supporting St. Clair Shores. Fishbones paid for the fireworks before we had the “First State Fireworks.” March 9 there will be a Passport Fair at City Hall. He asked for some details on processing time. Ms. Kotowski said that it takes four to six weeks to receive a passport that is processed as regular. It takes two weeks to get a passport that is processed as a rush. Mr. Frederick said that the celebrity wig master and hairstylist Terrence Davidson will donate ten custom made wigs to Wigs 4 Kids and there will be a fashion show at Barrister Gardens, 24225 Harper, on March 6. He reminded everyone to support their local church fishfry. St. Margaret has carryout available on request, and St. Isaac Jogues delivers. He said that the wind is blowing hard and there are some residents concerned if the court building has been demolished properly. Mayor Walby said that we have done due diligence. We just removed 1937 windows that had been dry walled over, and these were removed properly. Mr. Frederick received an email from a resident regarding Facebook. She agrees that we need to look at how St. Clair Shores is being portrayed by Facebook. Sometimes it has a negative effect. Council Member Vitale said that he has met with residents regarding their concerns about the wall behind Buffalo Wild Wings. He had a friend look at the wall to quote how much it would cost to make the wall more secure and to make it look better. He presented a thorough estimate of approximately $10,000. The wall is about one-tenth of a mile long and that many boxwoods would not be cheap. He hopes we can get that wall repaired and possibly have the Beautification Committee put ivy or something to make it look nice. He went to one of the houses that their committee has been to on Grossedale. There seems to be electrical service even though the house is vacant. The electrical riser on the roof is bent, and the wire is tight. Did Mr. Rayes contact DTE regarding this? Mr. Rayes said that he has contacted DTE, and they said there is no record of power being turned on at that location. There is no account for that facility. Council Member Caron announced that Jason Means passed away suddenly Thursday. member of our community. Mr. Caron sends his condolences to their family. He was an active Angels Supporting Animals has a fundraiser planned on 2/23 at Colleen’s Irish Pub from 6 p.m. to 11 p.m. This helps with funds for our St. Clair Shores Police canine unit. A resident had asked about the Police & Fire Millage and where the money goes. It goes into the general fund because Police & Fire is funded through the general fund. In the 2013 Fiscal Year budget, that millage brings in $993,000 that goes to fire but the budget is $6.7 million. It brings in one-seventh of the revenue needed. The rest is from the general operating millage. For police, it brings in $1.8 million to offset a $12 million budget. This information is all available online. Regarding the court bond, eventually that debt could be a tax on your tax bill. Can we add anything to the tax bill without it being voted on? Mr. Ihrie said no. Council Member Rusie announced an event for the Cultural Committee. March 23 there will be a tour of the Masonic Temple followed by a trip to see the Detroit Derby Girls. The cost is $25, and the tour departs at 2 p.m. and arrives back at 10 p.m. Tickets can be purchased at the library. Agenda Item 9 (cont’d) City Council Meeting February 19, 2013 Page 8 of 10 Approved March 18, 2013 There will be a dodge ball rematch on April 22 with the proceeds going to the St. Clair Shores Youth Council. Team Rusie will be there. Regarding Facebook, she is proud of our open forum. Most cities lock their Facebook forum down. We have 9,400 liking our page. If it was locked down, she does not think we would have that. We have active dialogue, and it is not all negative. There are a lot of positives. We have put out the word about lost dogs and this has worked. Residents bring issues to our attention this way so that we can fix them. Even though there is negativity, there is a lot of good from it. It shows we care. It makes us look good compared to other cities. She is proud of what we have developed over the past three years. Please keep Jason Means and his family in your thoughts and prayers. 10. CITY MANAGER’S REPORT NONE 11. AUDIENCE PARTICIPATION Roger Fowlds, St. Clair Shores resident, spoke about his water usage. These water bills are making it very hard on residents. He thinks the meters are wrong. The units he is billed for do not add up. He has had his house checkedtwice for leaks. Between showers, toilet, laundry, dishwasher and cooking, he thinks he is charged for more units than he uses. The City said he may need a new meter and his meter may be running slow. He thinks it is running too fast. If folks are angry with their water bill they should come to the City. Mayor Walby asked him to give Ms. Kotowski his phone number so Mr. Smith can contact him to discuss his concern. Jamie Victory, St. Clair Shores resident, spoke about a Spaghetti Dinner fundraiser for the SCS Memorial Day Parade on Thursday, March 14 at the Assumption Greek Orthodox Church. Peter Accica, St. Clair Shores resident, spoke regarding the garbage containers being proposed. He bought metal garbage cans which seem to keep the rats off of his property. They were eating the bottom of his plastic garbage cans. Also, regarding the court building, he asked if the Ethics Committee looked into the issuing of bonds. He would like to have had the opportunity to vote on this. Mayor Walby explained that is not the function of the Ethics Committee. Erin Stahl, St. Clair Shores resident, spoke regarding Facebook negativity. That is a person’s right. She has been against the court building since it came up years ago. They wanted more room, and they were not able to build a second story because of the integrity of the building. She does not think that we pre-plan. The Charter 10.276 states that no bonds or any other obligation which pledged the City shall be approved without the vote of the residents. This is a loan to the City of St. Clair Shores which technically is a tax. Council fought that the Police & Fire bond needed to be voted on, why shouldn’t the court bond be voted on. Donald Lobsinger, St. Clair Shores resident, said that when Mr. Montgomery spoke at the last Council meeting he did not address the accusation that he is not suitable to be the leader of our Memorial Day Parade Committee. Also, Ms. Martinez promoted the Martin Luther King Jr. event which implied she supported and approved of counterfeit marriages. She did not publicly deny this. He is against the Michigan Roundtable for Diversity and Inclusion group and their beliefs. James Kelly, St. Clair Shores resident, spoke regarding the water meter replacement program. When he returned from a trip in January there was a note stating that the meter replacement people had been there to change his meter. A week or two later, there was another tag left on his door saying they were there to change his meter and no one was home. There was then a third tag left saying they were there again warning him that they were going to turn off his water if he did not get his meter changed. He was home when they left that tag, and no one ever knocked on his door or rang his doorbell. All of his bills are paid on time, and he does not think the City has the right to shut his water off just because he has not gotten his meter changed. Mayor Walby said that we will look into this. It needs to be corrected right away. We will have answers on March 4. City Council Meeting February 19, 2013 Page 9 of 10 Approved March 18, 2013 12. MAYORS COMMENTS The Shell gas station is starting to look bad at 9 Mile and Jefferson. When can we expect something done? Mr. Rayes said that the owner has resolved some issues he had with Shell, and demolition should be done soon. We were told this would be done already, so we will pursue the issue. Mr. Rayes commented that the former owner of the Lakeshore House has pulled a Certificate of Occupancy to reopen as Cosimo's again. Regarding the gas station, it is his understanding that they just walked away from it. The State of the City is this Thursday, February 21, at the Senior Center starting at 10:30 a.m. Regarding the Court, we will put a spreadsheet on the Mayor’s Corner showing how we are going to pay for this, and we will address it again at the March 4 Council meeting. Maybe this will help clear things up. This has been on the agenda at least four times, and we have tried to make it clear. This has all been out in the open. 13. ADJOURNMENT Motion by Caron, seconded by Rusie to adjourn the meeting at 8:59 p.m. Ayes: All -7 ________________________________________ KIP C. WALBY, MAYOR ______________________________________ MARY A. KOTOWSKI, CITY CLERK (THE PRECEDING MINUTES ARE A SYNOPSIS OF A CITY COUNCIL MEETING AND DO NOT REPRESENT A VERBATIM RECORD). City Council Meeting February 19, 2013 Page 10 of 10